Subha v. The Thaluk Surveyor

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR Subha ... Petitioner Vs.

1.The Taluk Surveyor, Ottapidram Taluk, Thoothukudi District.

2.The District Surveyor, Thoothukudi Thoothukudi District.

3.The District Collector, Thoothukudi, Thoothukudi District.

... Respondents Prayer:- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, to direct the third respondent to direct the second respondent to survey the property in Survey No. 365/1A, 365/1B, 365/3A, 365/3B in Vepalodai Village, Ottapidaram Taluk, Thoothukudi District, within a specific period of time.

For Petitioner : Mr.KA.Raamakrishnan For R1 to R3 : Mrs.K.Malathi Additional Government Pleader

ORDER

The petitioner herein seeks a direction to the third respondent to issue direction to the second respondent to survey the property comprised in Survey Nos.365/1A, 365/1B, 365/3A and 365/3B, in Vepalodai Village, Ottapidaram Taluk, Thoothukudi District. 2.Heard the arguments of Mr.KA.Raamakrishnan, learned counsel appearing for the petitioner and Mrs.K.Malathi, learned Additional Government Pleader appearing for the respondents. 3.By consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.

4.The petitioner claims right over the subject property under a sale deed dated 23.05.2023. The patta for the subject property stands in the

name of the petitioner and eight others in Patta No.1240. The petitioner submitted an application before the third respondent on 20.09.2024 seeking survey of the subject property. The same has not been considered. Hence, the petitioner submitted a representation before the third respondent on 26.02.2025. Since there was no response for the representation submitted by the petitioner, he has come before this Court. 5.The learned Additional Government Pleader appearing for the respondents would submit that in response to the application submitted by the petitioner, the survey notice was issued by the first respondent and fixed 27.12.2024 as the date of survey. However, there was an objection from the co-pattadars. Hence, the survey process could not be completed.

6. In view of the same, without expressing any opinion on the merits of the matter, the first respondent is directed to consider the application submitted by the petitioner in Application No.003975 and pass final orders on its own merits, within a period of twelve weeks from the date of receipt of a copy of this order, after issuing notice to the

petitioner, co-pattadars mentioned in Patta No.1240, neighboring land owners and other interested parties. Accordingly, this Writ Petition is disposed of. No costs.

24.07.2025 NCC : Yes/No Index : Yes/No Internet : Yes/No cp To 1.The Taluk Surveyor, Ottapidram Taluk, Thoothukudi District.

2.The District Surveyor, Thoothukudi Thoothukudi District.

3.The District Collector, Thoothukudi, Thoothukudi District.

S.SOUNTHAR ,J cp W.P.(MD)No.20266 of 2025 Dated: 24.07.2025